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Wells Fargo Bank, N.A. v. Grand Sierra Resort Unit-Owners' Association

United States District Court, D. Nevada

June 30, 2018

WELLS FARGO BANK, N.A, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-5, Plaintiff,
v.
GRAND SIERRA RESORT UNIT-OWNERS' ASSOCIATION; MEI-GSR HOLDINGS, LLC; AM-GSR HOLDINGS LLC; and DB PRIVATE WEALTH MORTGAGE LTD., Defendants.

          Eric Herbst DB USA Core Corporation DB Private Wealth Mortgage Ltd.

          ARIEL E. STERN. ESQ. Nevada Bar No. 8276 REX D. GARNER, ESQ. Nevada Bar No. 9401 Akerman LLP, Attorneys for Plaintiff Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Banc of America Funding Corporation Mortgage Pass-Through Certificates, Series 2007-5

          DISCLAIMER OF INTEREST AND DISMISSAL OF DB PRIVATE WEALTH MORTGAGE LTD.

         Plaintiff Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Banc of America Funding Corporation Mortgage Pass-Through Certificates, Series 2007-5 ("Wells Fargo") and Defendant DB Private Wealth Mortgage Ltd ("DB Private Wealth") stipulate as follows:

         1. WHEREAS, DB Private Wealth claims no legal right, title, or interest in the deed of trust recorded in the Washoe County recorder's office against the property located at 2500 East 2nd Street #1940, Reno, Nevada 89595 (the "Property") on August 22, 2013, as Instrument No. 4271930 (the "4271930 deed of trust"), as evidenced by a Substitution of Trustee and Deed of Reconveyance, dated August 24, 2016, and attached hereto as Exhibit A.

         2. WHEREAS, DB Private Wealth claims no legal right, title, or interest in the deed of trust recorded in the Washoe County recorder's office against the property located at 2500 East 2nd Street #1940, Reno, Nevada 89595 (the "Property") on August 22, 2013, as Instrument No. 4271931 (the "4271931 deed of trust"), as evidenced by a Substitution of Trustee and Deed of Reconveyance, dated August 24, 2016, and attached hereto as Exhibit B.

         3. WHEREAS, DB Private Wealth and its successors expressly disclaim any and all right, title, and interest in the Property which it obtained solely pursuant to the above-referenced deeds.

         4. WHEREAS, Wells Fargo agrees, based upon DB Private Wealth's disclaimer set forth herein, that DB Private Wealth should be dismissed from this action; and

         5. WHEREAS, based upon DB Private Wealth's disclaimer set forth herein, Wells Fargo and DB Private Wealth agree to bear their own attorney's fees and costs.

         ORDER

         IT IS HEREBY ORDERED that the parties' stipulation to dismiss Plaintiff's claims against DB Private Wealth Mortgage Ltd. is GRANTED.

         IT IS FURTHER ORDERED that the Clerk of Court is instructed to close the case.

         INDEX OF EXHIBITS

         A. Substitution of Trustee and Deed of Reconveyance (for the first deed of trust Doc No. 4271930), dated August 24, 2016

         B. Substitution of Trustee and Deed of Reconveyance (for the second deed of trust Doc ...


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